ANNAMALAI M Vs. REGISTRAR HIGH COURT MADRAS

JUDGEMENT

(1.) The above Writ Petition has been filed under Article 226 of the Constitution of India, praying thereby to call for the records of the respondents relating to the proceedings respectively in R.Dis. No. 558/1990 dated April 24, 1990 of the first respondent and in Roc. No. 16/88/A1 dated January 9, 1989 of the second respondent, issuing a Writ of Certiorari or any other appropriate Writ or order of direction in the nature of writ and quash the order of the first respondent in R.Dis. No. 558/90, dated April 24, 1990 and pass such other or further orders as this Honourable Court may deem fit and proper in the circumstances of the case.

(2.) The writ petitioner had been originally posted as Office Assistant in the Court of Judicial Magistrate, Mayuram and for certain reasons not revealed any where here, he had been suspended on August 9, 1987 and thereafter his suspension had been revoked on August 29, 1987 as per the orders of the Chief Judicial Magistrate, Thanjavur at Kumbakonam in Roc. No. 16/87 Al dated December 23, 1987 and the writ petitioner had been ultimately punished with demotion to the post of night watchman and was directed to join the Court of Judicial II Class Magistrate, Tiruvarur in such capacity and as such he had also joined duty on December 31, 1987 at Thiruvarur. After joining duty on December 31, 1987, he had applied for permission to avail the joining time on January 1, 1988, January 2, 1988 and January 3, 1988 and resumed duty on January 4, 1988. On the very same day of his resuming duty on January 4, 1988. On the very same day of his resuming duty and on the subsequent day i.e., on January 4, 1988 and January 5, 1988, he was complained of having committed the offence in violation of Rule 20 of the Tamil Nadu Government Servants Conduct Rules, 1973, consequent to which, enquiry proceedings have been initiated against him on specific charge that on January 4, 1988 at about 10.30 a.m. and 11.30 a.m. and on January 5, 1988 at about 11.30 a.m. during office hours, he was seen roaming about at the veranda adjacent to the Bar room, on the first floor of the Court building and had been staring at and passing on signals and gestures to the ladies, who were taking bath half-naked in the adjacent pond, thus he not only involved in acts touching the moral turpitude but also failed to maintain absolute integrity and devotion to duty, by indulging in acts which are unbecoming of a member of the Tamil Nadu Government Service besides degrading the dignity of the Court.

(3.) On the above specific charge, a regular enquiry has been instituted with the Sub Divisional Judicial Magistrate, Thanjavur as the Enquiry Officer. During enquiry, the Enquiry Officer, besides following the procedures established by Law, had also conducted the enquiry with due opportunity for the petitioner to be heard at each and every stage of the enquiry, as revealed by records. The prosecution has also examined 8 witnesses for oral evidence besides making nine documents for documentary evidence. On the part of the Petitioner one witness would be examined as D.W.I and no document would be marked.